HARI PADA JANA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-8-51
HIGH COURT OF CALCUTTA
Decided on August 25,2021

Hari Pada Jana Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

HIRANMAY BHATTACHARYYA, J. - (1.)This writ petition arises out of a judgment and order dated January 28, 2020 passed by the Second Bench, West Bengal Land Reforms and Tenancy Tribunal (for short "the said Tribunal") in OA 2624 of 2020 (LRTT).
(2.)Shorn of unnecessary details, the undisputed facts giving rise to the instant writ petition may be summed up as follows: The petitioners herein are the successors-in-interest of the erstwhile Big Raiyat Indra Narayan Jana. The said Indra Narayan Jana held several plots of land including the plot nos. 17 and 22 of Mouja Kalyanpur and plot no. 1817 of Mouja Keshrambha. The aforesaid plots stood vested to the State in connection with BR case no. 42/1 under Sec. 6(1) of the West Bengal Estate Acquisition Act, 1953 (for short "the EA Act"). The said plots were transferred by Indra Narayan Jana in favour of Surendra Nath Roy vide deed no. 8819 of 1966. Subsequently, Surendra Nath Roy transferred the said plots in favour of the private respondent nos. 5 and 6 vide registered deed being no. 6989 of 1970.
(3.)The private respondents herein as plaintiffs filed a Title Suit no. 186 of 1979 before the Court of Munsiff (now designated as Civil Judge, Junior Division), Dantan for declaration of title and for permanent injunction. The Learned Trial Judge by a judgment and decree dated June 27, 1981 decreed the said suit thereby declaring the right, title, interest and possession of the private respondents herein over the said plots and a decree for permanent injunction restraining the defendants from interfering with the peaceful possession of the private respondents herein. The State of West Bengal who was the defendant no. 1 in the said suit preferred an appeal being Title Appeal no. 327 of 1991.The learned First Appellate Court by a judgment and decree dated May 27, 1982 dismissed the said appeal thereby affirming the judgment and decree passed by the learned Trial Judge.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.